Rule 3-306.03.Interpreter credentialing.
To outline the procedurefor credentialing of interpreters for legal proceedings.
This rule shall apply tolegal proceedings in the courts of record and not of record. This rule shallapply to interpretation for non-English speaking people and not tointerpretation for persons with a hearing impairment, which is governed by Utahand federal statutes.
(1) Subject to theavailability of funding, and in consultation with the committee, theadministrative office of the courts shall establish programs to certify andapprove interpreters in English and the non-English languages most frequentlyneeded in the courts. The administrative office shall publish a roster ofcertified, approved, and registered interpreters. To be certified, approved orregistered, an applicant shall:
(1)(A) file anapplication form approved by the administrative office;
(1)(B) pay a feeestablished by the Judicial Council;
(1)(C) pass abackground check;
(1)(D) provide proofthat the applicant is a Utah resident;
(1)(E) complete trainingas required by the administrative office;
(1)(F) obtain apassing score on the court interpreter?s test(s) as required by theadministrative office;
(1)(G) complete 10hours observing a certified interpreter in a legal proceeding; and
(1)(H) take andsubscribe the following oath or affirmation: ?I will make a true and impartialinterpretation using my best skills and judgment in accordance with the Code ofProfessional Responsibility.?
(2) A person who iscertified in good standing by the federal courts or by a state having acertification program that is equivalent to the program established under thisrule may be certified without complying with paragraphs (1)(A) through (1)(H),with the exception of paragraph (1)(C), but shall pass an ethics examinationand otherwise meet the requirements of this rule.
(3) A person credentialedunder this rule has an ongoing obligation to immediately report to the programcoordinator any criminal charges or convictions the interpreter has and anyUtah State Court cases the interpreter is personally involved in as a party.
(4) When the interpreterspeaks a rare language and the courts currently lack credentialed interpretersin that language, the Language Access Committee may, for good cause shown,exempt an interpreter from meeting one or both of the requirements listed insubparagraph (1)(B) and (1)(F). An interpreter seeking an exemption shall makea written request, outlining the reasons for the exemption, to the LanguageAccess Program Coordinator. The Language Access Committee shall consider therequest at its next meeting following the request, and may require theinterpreter making the request to appear at the meeting or to provide moreinformation.
(5) If an exemption isgranted, the interpreter shall meet the conditions set by the committee andshall apply for an extension of the exemption annually, or as otherwiserequired by the committee.
(6) No later thanDecember 31 of each even-numbered calendar year, certified, approved, andregistered interpreters shall pass the background check for applicants, andcertified interpreters shall complete at least 16 hours of continuing educationapproved by the administrative office of the courts.
(7) With the exceptionof staff interpreters who are employees of the courts, court interpreters,including those listed on the statewide roster, are independent contractors.
Effective May 1, 2016